Central Information Commission Judgements

Mr.Dharambir Singh vs Mcd, Gnct Delhi on 7 July, 2011

Central Information Commission
Mr.Dharambir Singh vs Mcd, Gnct Delhi on 7 July, 2011
                       CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
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                                                         Decision No. CIC/SG/A/2011/001300/13303
                                                                 Appeal No. CIC/SG/A/2011/001300

Relevant Facts

emerging from the Appeal:

Appellant                             :     Mr. Dharambir Vats
                                            S/o Sh. Kanshi Ram
                                            V.P.O Mundka, Delhi-110041

Respondent                            :     Mr. D. S. Dhanda
                                            Deemed PIO & EE-I(Najafgarh Zone),
                                            Municipal Corporation Of Delhi
                                            Overhead water tank, Najafgarh,
                                            Delhi

RTI application filed on              :     17/02/2011
Transfer to SE, MCD                   :     17/02/2011
PIO replied                           :     25/02/2011
Transfer to EE, MCD                   :     14/03/2011
PIO replied on                        :     11/03/2011
First appeal filed on                 :     21/03/2011
First Appellate Authority order       :     15/04/2011
Second Appeal received on             :     12/05/2011

SL.        Information sought by the appellant                           Reply of the PIO
1.  Which department has constructed a walk way from       1.No such walkway has been constructed by

the property of community centre situated at village this division
mundka and which auhtority has passed the said 2. MCD works deptt. Has constructed a
order of construction? walkway in front of community centre
mundka. Competent Authority has passed
the work order to construct the walkway.

2. Why no notice is given to the applicant before 1.Not applicable as above
constructing the walk way as it is not as per the Lal 2. doesnot come under RTI
Dora Certificate and certified site pln given to the
applicant

3. Why the boundary wall is not constructed till date as Not applicable as above.

per the Lal Doora Certificate and site plan and who 2. doesnot come under RTI
is responsible for the same?

Grounds of the First Appeal:

Information provided is not satisfactory.

Order of the FAA:

PIO is directed to furnish information about the authority who passed orders of construction within 7
days.

Ground of the Second Appeal:

FAA order not followed.

Relevant Facts emerging during Hearing:
The following were present:

Appellant: Absent;

Respondent: Mr. D. S. Dhanda, Deemed PIO & EE-I(Najafgarh Zone);

The respondent shows that after the order of the First Appellate Authority (FAA) he had
informed the Appellant on 29/04/2011 that the Chief Engineer Najafgarh Zone is a sanctioning
authority to pass the order. The Commission directs the PIO to send an attested copy of the estimate
with the order of the Chief Engineer to the Appellant before 15 July 2011.

Decision:

The Appeal is allowed.

The Commission directs the PIO to send an attested copy of the estimate with the
order of the Chief Engineer to the Appellant before 15 July 2011.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.

Shailesh Gandhi
Information Commissioner
07 July 2011
(In any correspondence on this decision, mention the complete decision number.) (AA)